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Kaushal Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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Patna HC
2024
Kaushal Kumar Vs The State of BiharKaushal Kumar v. The State of Bihar

Allowed¶21

Kaushal Kumar v. The State of Bihar

Patna HC2 Apr 2024CR. MISC./21889/2024

Case brief

AI extract

What is this about?

Patna High Court CRIMINAL MISCELLANEOUS No.21889 of 2024, oral order dated 02-04-2024, Justice Chandra Prakash Singh. Anticipatory bail allowed for petitioners Kaushal Kumar and Vipin Kumar @ Bipin Kumar (sons of Lalmohan Yadav, Village Akurahawan, Tankuppa, Gaya) in Tankuppa P.S. Case No. 181 of 2023 involving IPC Sections 147, 149, 341, 323, 504, 447, 506, Arms Act Section 27 and Bihar Prohibition & Excise Amendment Act Section 37(c); co-accused Lal Mohan Yadav; counsel Durgesh Nandan for petitioners, APP Shyam Bihari Singh for State; release on Rs. 20,000 bail bond with two like sureties within six weeks, subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail to both petitioners in connection with Tankuppa P.S. Case No. 181 of 2023, upon arrest or surrender before the court below within six weeks, on bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) CrPC.

Why is it important?

Anticipatory bail granted: in the event of arrest or surrender before the court below within six weeks, the petitioners are to be released on bail on furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. ¶21

What the court decided

AI extract

Outcome

Anticipatory bail to both petitioners in connection with Tankuppa P.S. Case No. 181 of 2023, upon arrest or surrender before the court below within six weeks, on bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, who apprehend arrest in Tankuppa P.S. Case No. 181 of 2023, are entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within six weeks, the petitioners are to be released on bail on furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED. Patna High Court (Chandra Prakash Singh, J) allowed pre-arrest bail to Kaushal Kumar and Vipin Kumar @ Bipin Kumar, who apprehended arrest in Tankuppa P.S. Case No. 181 of 2023 (District Gaya), registered for offences under Sections 147, 149, 341, 323, 504, 447, 506 IPC, Section 27 of the Arms Act and Section 37(c) of the Bihar Prohibition & Excise Amendment Act. Counsel contended the petitioners were falsely implicated through general and omnibus allegations, the specific allegation being against co-accused Lal Mohan Yadav; petitioner no. 1 had one criminal antecedent and petitioner no. 2 a clean record. Bail was directed in the event of arrest or surrender within six weeks, on bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21889 of 2024

Arising Out of PS. Case No.-181 Year-2023 Thana- TANKUPPA District- Gaya

======================================================

1. Kaushal Kumar S/o Lalmohan Yadav R/o Village - Akurahawan, P.S. - Tankuppa, District - Gaya

1. Vipin Kumar @ Bipin Kumar S/o Lalmohan Yadav R/o Village - Akurahawan, P.S. - Tankuppa, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, Adv For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 02-04-2024

Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the state.

The petitioners apprehend their arrest in connection with Tankuppa P.S Case No. 181 of 2023 registered for the offence punishable under Sections 147, 149, 341, 323, 504, 447, 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 37 (c) of the Bihar Prohibition & Excise Amendment Act.

As per the prosecution case, all the accused persons including the petitioners along with co-accused Lal Mohan Yadav, who was in drunken state, started abusing

Patna High Court CR. MISC. No.21889 of 2024(2) dt.02-04-2024 2/3

and fired by the pistol and tried to assaulted the informant and other accused persons.

Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. The specific allegation is against Lal Mohan Yadav rather there is general and omnibus allegations against the petitioners. The petitioners are students and they have been implicated due to local politics. The petitioner no. 1 has one criminal antecedent and petitioner no. 2 has clean antecedent.

Learned APP for the State Opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, cum Additional Sessions Judge, Gaya/ concerned court in connection with Tankuppa P.S. Case No. 181 of 2023 subject to the conditions laid down in Section 438(2) of the

Patna High Court CR. MISC. No.21889 of 2024(2) dt.02-04-2024 3/3

Code of Criminal Procedure, 1973.

(Chandra Prakash Singh, J)

N.K/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioners, who apprehend arrest in Tankuppa P.S. Case No. 181 of 2023, are entitled to anticipatory bail.¶15
The court held
Anticipatory bail granted: in the event of arrest or surrender before the court below within six weeks, the petitioners are to be released on bail on furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶21

Statutes considered

10 provisions across 4 enactments

AI extract

Indian Penal Code147¶15 149¶15 341¶15 323¶15 504¶15 447¶15 506¶15
Arms Act27¶15
Bihar Prohibition & Excise Amendment Act37(c)¶15
Code of Criminal Procedure, 1973438(2)¶21

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Tankuppa P.S. Case No. 181 of 2023 (District Gaya) in which the petitioners apprehend arrest, for offences under Sections 147, 149, 341, 323, 504, 447, 506 IPC, Section 27 Arms Act and Section 37(c) of the Bihar Prohibition & Excise Amendment Act.¶15
Prior proceeding
Prosecution allegation: accused persons including the petitioners, together with co-accused Lal Mohan Yadav in a drunken state, abused and fired a pistol and tried to assault the informant and other accused persons.¶16
Prior proceeding
Counsel's submission on antecedents: petitioner no. 1 has one criminal antecedent; petitioner no. 2 has a clean record.¶19

Parties & counsel

AI extract

petitioner
Kaushal Kumar S/o Lalmohan Yadav¶4
Durgesh Nandan
petitioner
Vipin Kumar @ Bipin Kumar S/o Lalmohan Yadav¶5
Durgesh Nandan
respondent
The State of Bihar¶8
Shyam Bihari Singh

Coram

AI extract

Chandra Prakash Singhauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 2 Apr 2024 · April
Registered: 12 Mar 2024
Case no.: CR. MISC./21889/2024
CNR: BRHC010224842024
Topic: Anticipatory Bail
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Kaushal Kumar v. The State of Bihar, CR. MISC./21889/2024 (PAT), decided on 2 April 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes10

Indian Penal Code147 · 149 · 341 · 323 · 504 · 447 · 506
Arms Act27
Bihar Prohibition & Excise Amendment Act37(c)
Code of Criminal Procedure, 1973438(2)

View all statutes

Procedural history3

Registration of Tankuppa P.S. Case No. 181 of 2023 (District Gaya) in which the petitioners apprehend arrest, for offences under Sections 147, 149, 341, 323, 504, 447, 506 IPC, Section 27 Arms Act and Section 37(c) of the Bihar Prohibition & Excise Amendment Act.
Prosecution allegation: accused persons including the petitioners, together with co-accused Lal Mohan Yadav in a drunken state, abused and fired a pistol and tried to assault the informant and other accused persons.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel